The ruling of the marriage depends on its purpose Fatwa No: 91456
- Fatwa Date:23-3-2006
There is a patient in Germany and he is unable to form a family because of his sickness. He says that he wants to help a girl who is now in an Arab country to reside in Germany, before he dies, through marriage but without consummating the marriage with her. He says he is doing this for Allaah's sake and without any compensation.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the purpose of marrying this woman is only to help her reside in Germany, and there is no other objective other than this one, then this marriage is not permissible as it is helping her to commit a sin, which is residing in a non-Muslim country without a necessity or a dire need. Indeed the Prophet said: "I am free from any Muslim who resides among polytheists." [At-Tirmithi] The scholars stated that the ruling on matters depends on their objectives, as the Prophet said: "Actions are indeed judged by their intentions, and every person will only get the recompense according to what he intended." [Al-Bukhari and Muslim] Therefore, any action which is meant to lead to what is forbidden is forbidden even if the action in itself is permissible.
Allaah Knows best.